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  • HFO Capital v Roland Wegmuller

    Important Notes:
    I'm pleased to announce that the following victory was a result of our forum, our preferred solicitor and the forum user that came to us with the problem in the first place, who for the purposes of discretion shall remain anonymous here unless they decide to confirm who they are. This resulted in not only some new case law surrounding unenforceability but also details how to royally screw the DCA's with costs.

    Ok, so first things first.

    We are lucky in that Paul (preferred solicitor) and the defendant in the case have agreed that we, allaboutFORUMS, can have exclusive access to the judgment thus you'll find our watermark all over it. Please though, feel free to post it on other forums and let other forums know about this huge victory and then maybe they'll realise exactly why blanking our name out is futile if they ever want to get hold of the latest cases that are won via our preferred solicitor as all transcripts will be watermarked with our name.

    Paul, Roland & all involved in this case - well done.

    Ok so the case. This was a £7k Barclaycard debt that was sold to HFO who decided to start action so they are the claimant. They basically sent a copy of the agreement with recon terms.

    At court the judge found that indeed, the whole thing was unenforceable based on a couple of things;

    1. The witness statement provided by the defendant and
    2. The fact that Barclays did not even have relevant terms etc from that time anyway

    So, bottom line here was the judge ruled this unenforceable as a result of the lender failing to provide terms at the time of signature - it was proven via the witness statement that the defendant applied for the card by cutting out a part of a magazine and confirmed no terms (prescribed terms) were within this - as confirmed by the copy agreement held.

    They lost. The judge ruled in our favour and that was another consumer victory.

    Now, that covers the first couple of pages but what's funny here is the costs. That goes on for some 14 pages (approx) and the bottom line of this is had HFO not bullied the defendant into a corner, they'd be £7k better off and not (wait for it) - £50k worse off

    The moral of this story is don't try and bully the wee man as the wee man always packs a bigger punch. Suckers!

    What was a £7k debt owed to them now sits at £50k owed BY them.

    Well done to all involved - happy reading!
    Attached Files
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  • #2
    Re: HFO Capital v Roland Wegmuller

    Well done to all, brilliant news!!
    "If wishes were horses, beggars would ride"

    Comment


    • #3
      Re: HFO Capital v Roland Wegmuller

      50k not bad for a day's work
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: HFO Capital v Roland Wegmuller

        Excellent news and congratulations to all involved including the DJ who made the right decision

        Now let's see if we can earn Paul another £50k on Thursday at Shoreditch & Clerkenwell County Court
        I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

        I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

        Comment


        • #5
          Re: HFO Capital v Roland Wegmuller

          Originally posted by PlanB View Post
          Excellent news and congratulations to all involved including the DJ who made the right decision

          Now let's see if we can earn Paul another £50k on Thursday at Shoreditch & Clerkenwell County Court
          may well be attending,

          Trying to tie up some loose ends, if i can get that sorted ill be there although its a monster days travel

          Comment


          • #6
            Re: HFO Capital v Roland Wegmuller

            I see in this case that the DJ relied heavily on his personal view that the defendant was a credible witness when he said that the Ts & Cs weren't there when he signed the application form despite the creditor muttering they would have been on the form somewhere albeit not in the evidence before the court In his judgement he even says that he gave more credence to the witness on that point than some of the witnesses' own counsel's submissions! No pressure on me then.

            But I also note that the DJ didn't accept the claimant's argument that Barclays was "a large scale organisation who had a legal department and a compliance department so it was inheritantly unlikely it would make the mistake" (of not having Ts & Cs attached etc). Happily the DJ didn't buy into that sketchy argument. This is a very good success story for the consumer
            I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

            I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

            Comment


            • #7
              Re: HFO Capital v Roland Wegmuller

              Originally posted by Paul. View Post
              may well be attending,

              Trying to tie up some loose ends, if i can get that sorted ill be there although its a monster days travel
              Well if the prospect of £50k winnings is not enough then I don't know what is
              I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

              I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

              Comment


              • #8
                Re: HFO Capital v Roland Wegmuller

                Originally posted by in 2 deep View Post
                50k not bad for a day's work
                theres wishful thinking

                VAT works out at 10k

                Disbursements are a few K

                Barristers of Steven Turners quality dont come for free sadly, thus a few pounds go there

                In reality our base costs are nowhere near 50

                Comment


                • #9
                  Re: HFO Capital v Roland Wegmuller

                  Brilliant News!
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: HFO Capital v Roland Wegmuller

                    Originally posted by Paul. View Post
                    theres wishful thinking

                    VAT works out at 10k

                    Disbursements are a few K

                    Barristers of Steven Turners quality dont come for free sadly, thus a few pounds go there

                    In reality our base costs are nowhere near 50
                    I no I no last house I purchased
                    legal cost £450
                    add vat, local authority search,drainage search, and everything else, plus stamp duty...... over 9k
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Re: HFO Capital v Roland Wegmuller

                      Originally posted by in 2 deep View Post
                      I no I no last house I purchased
                      legal cost £450
                      add vat, local authority search,drainage search, and everything else, plus stamp duty...... over 9k
                      Didnt cost me 9k! 350 broker, 250 cash back from santander, i forget what all the searches came to now! but i had to pay parish indemnity insurance, which ironically costs less to buy than it would should you get caught out without one, rip off!
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Re: HFO Capital v Roland Wegmuller

                        Excellent result Well Done to everyone who played a part in this result that will teach other DCA/Banks to mess with best......I don't want to imagine where would a lot of us be right now if it weren't for Niddy, Paul & This Forum...together they have the force to stop them dead.

                        Comment


                        • #13
                          Re: HFO Capital v Roland Wegmuller

                          there will be plenty more of these too, dont worry about that

                          Comment


                          • #14
                            Re: HFO Capital v Roland Wegmuller

                            Originally posted by Paul. View Post
                            there will be plenty more of these too, dont worry about that

                            That's fighting talk Paul....that's what we like to hear on AAD.

                            Bet these DCA's and such other lowlife crap shake in their boots when they see you or Niddy's name appear in front of them.....Power to ADD (With Niddy and Pauls help ofcourse)
                            Last edited by Miss Muddled; 7th March 2012, 20:32. Reason: Oops spelling !!!

                            Comment


                            • #15
                              Re: HFO Capital v Roland Wegmuller

                              Originally posted by Miss Muddled View Post
                              That's fighting talk Paul....that's what we like to hear on ADD.

                              Bet these DCA's and such other lowlife crap shake in their boots when they see you or Niddy's name appear in front of them.....Power to ADD (With Niddy and Pauls help ofcourse)
                              Yabba Dabba Doo

                              Comment

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